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Assured Design: Terms and Conditions of Use





Welcome to Assured Design! By signing up with us, and being a Client, you agree
to be legally bound by these Terms and Conditions of Use (the "Terms and
Conditions"), including those terms and conditions incorporated by
reference. Please read these Terms and Conditions carefully. If you do not
accept these Terms and Conditions, you may not use our services. Assured Design
may revise these Terms and Conditions at any time by updating this posting. You
should visit this web page periodically to review the Terms and Conditions. In
these Terms and Conditions, all services provided by and related to Assured
Design, and all text, images, photographs, user interface, "look" and
"feel", data and other content included at Assured Design from time
to time (including, without limitation, the selection, coordination and
arrangement of such content) are sometimes referred to as the "Web
Site" and/or "Service." Assured Design  is owned and operated by Assured Design Ltd and
the company address will appear as an image.



You acknowledge and agree that Assured Design  shall have the right (but not the obligation)
in its sole discretion, to pre-screen, refuse or remove any project and/or user
provided content that violates these Terms and Conditions or is otherwise
objectionable, including, without limitation, projects or content that is
illegal, obscene, indecent, defamatory, incites religious, racial or ethnic
hatred, or violates the rights of others. Activity that is brought to our
attention which appears in our sole judgment to violate the law will be brought
to the attention of the proper authorities.



You acknowledge, consent and agree that Assured Design  may access, preserve, and disclose your
account information and content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce these Terms and Conditions; (c)
respond to claims that any content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the rights, property,
or personal safety of Assured Design , its users and the public.



Assured Design  reserves the right to
modify, amend, update and change these Terms and Conditions from time to time
without notice. You are responsible for regularly viewing these Terms and Conditions.
You acknowledge and agree that Assured Design shall not be liable to you or to
any third party for any modification, amendment, suspension, discontinuance or
other change to these Terms and Conditions.



1. Assured Design Technicalities



 



Colours: The
default colour model for our logos is the CMYK format unless you specify that
you require PMS (Pantone) prior to the start of the project. Any format change
after the start of the project will have an additional charge.



File Format: The source file will be in Adobe Illustrator (.ai) format. The
fonts will be converted into outlines.

Other formats sent will be JPEG, TIFF, EPS, GIF and PDF. Additional formats can
be required upon request.



(a) Description. The Assured Design Service is an online offering where
individuals or entities that have signed up with Assured Design as clients
(each, a "Client") can post specific assignments and project
descriptions, including illustrative samples or other media (each, a
"Creative Brief"), revise those Creative Briefs (each, a
"Revision Brief") and obtain responses (each, a "Response")
to those Creative or Revision Briefs from design experts retained by Assured
Design ("Members"). Assured Design will provide you, as the Client,
the Service according to the Package you have chosen as detailed in section 1(e)
below. Your Responses will be created iteratively through a drafting cycle of
Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final
Response conforming to your various Creative and Revision Briefs.



(b) Creative Brief and Responses. You are solely responsible for preparing and
posting detailed descriptions of each of your Creative Briefs to the Web Site,
including providing samples illustrating your Creative Brief and any relevant
deadlines. For each Response to a Creative Brief that you want to receive, a
term sheet (a "Term Sheet") will be generated that will contain, and
be subject to, the terms and conditions you have established for the Creative
or Revision Brief. Assured Design is under no obligation to review a Creative
or Revision Brief or Term Sheet for any purpose, including accuracy,
completeness of information, quality or clarity. Assured Design may decide, in
its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.



(c) Reviewing Responses. When Assured Design provides you with a Response, you
are responsible for reviewing the Response. If you fail to promptly inform Assured
Design that the Response is not reasonably responsive to the related Term Sheet
or Creative Brief, you will be deemed to have accepted the Response. If you
notify Assured Design that you think a response is not reasonably responsive to
the related Creative Brief, you shall then submit to the Web Site a Revision
Brief containing information regarding amendments or modification to be made to
the initial Response. After you provide Assured Design with a Revision Brief, Assured
Design will provide you with a subsequent Response that conforms to the
additional criteria you requested. Assured Design is not responsible for the
content of Responses developed to the extent that such Responses are prepared
to conform to your Creative or Revision Briefs.



(d) Revision Cycles. Revision cycles generally consist of 2-6 additional
compositions that incorporate changes you request in a Revision Brief. The
purpose of the revision process is to create Responses that move your project
forward in the specific direction you have determined. You may request
significant changes in the first and second cycles, and the Responses generated
might be quite different in nature from the original composition you selected.
By the third revision request, your requests shall be modifications of the
current composition only.



2. Eligibility, Access, Use and Service



(a) Eligibility Requirements. To register as a Client, you must be at least 18
years of age, agree to these Terms and Conditions and Assured Design privacy
policy (located at Assured Design /privacy.html), and complete the registration
procedure. By registering as a Client, you represent and warrant that you meet
these eligibility requirements, that the information you include as part of the
registration process is complete and accurate and, if you are registering on
behalf of an entity, that you are authorized to bind that entity to these Terms
and Conditions. Assured Design may accept or reject your registration in its
sole discretion.



(b) Authorization to Use; Permitted Uses. You may access and use the Service
solely in accordance with these Terms and Conditions and any posted policies
and procedures that appear on the Web Site. You may provide Creative Briefs and
obtain Responses only if you register as a Client. Any use of the Web Site is
at your sole risk and responsibility. Subject to these Terms and Conditions,
you may (i) display the Web Site on an Internet access www, and (ii) on an
occasional, infrequent and ad hoc basis, and only in circumstances that
constitute "fair use" under United Kingdom copyright law, print
copies of insubstantial portions of the Web Site.



(c) Prohibited Uses. Except as expressly permitted in these Terms and
Conditions, you may not display or print the Web Site and in no event may you
broadcast, circulate, distribute, download, perform, publish, rent, reproduce,
sell, store, transmit or create decorative works from the Web Site.
Additionally, you agree to comply with all applicable laws (including, without
limitation, any applicable export controls) in connection with your use of the
Service, and with such further limitations or rules as may be set forth on the
Web Site. Without limiting the foregoing, you agree not to transmit, distribute,
post, communicate or store information or other material on, to or through the
Web Site that (i) is copyrighted, unless you are the copyright owner; (ii)
reveals trade secrets, unless you own them; (iii) infringes on any other
proprietary or intellectual property rights of others, on the privacy or
publicity rights of others, or any statutory right; (iv) is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to any
other person or entity; (v) is sexually-explicit; (vi) constitutes
advertisements or solicitations of business, chain letters or pyramid schemes;
or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer
programming routines or engines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
information. You further agree not to (a) use any incomplete, false or
inaccurate biographical information or other information for purposes of
registering as a Client; (b) delete or revise any material or other information
of any other user of Assured Design ; (c) take any action that imposes an
unreasonable or disproportionately large load on the Web Site's infrastructure;
(d) use any www, software or routine to interfere or attempt to interfere with
the proper working of the Service or any activity being conducted on the Web
Site; (e) use or attempt to use any engine, software, tool, agent or other www
or mechanism (including, without limitation, browsers, spiders, robots, avatars
or intelligent agents) to navigate or search the Web Site, other than the
search engine and search agents available from Assured Design  on the Web Site and other than generally
available third-party web browsers (e.g., Microsoft Internet Explorer and
Netscape Navigator); or (f) attempt to decipher, decompile, disassemble or
reverse-engineer any of the software comprising or in any way making up a part
of the Web Site.



(d) Web Site Security. You are prohibited from violating or attempting to
violate the security of the Web Site, including, without limitation, (i)
accessing data not intended for you or logging into a server or account that
you are not authorized to access; (ii) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization; (iii) attempting to interfere with
service to any user, host or network, including, without limitation, by way of
submitting a virus to, or overloading, "flooding",
"spamming", "mailbombing" or "crashing", the Web
Site; (iv) sending unsolicited email to any user of the Web Site, including
promotions and/or advertising of products or services; or (v) forging any
TCP/IP packet header or any part of the header information in any email or
posting generated in connection with the Service. Violations of system or
network security may result in civil or criminal liability. Assured Design will
investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations. Assured Design reserves the right to review
postings on the Web Site, to remove any postings, and to terminate your ability
to communicate with, or post to, the Web Site at any time without notice, in
its sole discretion. Assured Design will use commercially reasonable efforts
not to disclose any information you communicate with, or post to, the Web Site,
but reserves the right to disclose such information to the extent necessary to
satisfy any applicable law, regulation, legal process or governmental request,
and the right to edit, refuse to post or to remove any information or
materials, in whole or in part.



(e) Operation of Web Site. Assured Design shall not be responsible for any
delays or interruptions of, or errors or omissions contained in, the Web Site. Assured
Design reserves the right, but shall not be required, to correct any such
delays, interruptions, errors or omissions. Although Assured Design intends to
use commercially reasonable efforts to make the Web Site and Service accessible,
Assured Design makes no representation, warranty or covenant that the Web Site
or Service will be available at all times or at any time. Various circumstances
may prevent or delay availability, including telecommunications and/or server
problems. Assured Design may at any time discontinue the Web Site in whole or
in part, may change or eliminate any transmission method, and may change
transmission speeds or other signal characteristics. Assured Design shall not
be responsible for any loss, cost, damage or liability that may result from any
of the circumstances, actions or inactions described in this paragraph.



3. Refund, Cancellation Policy & Tax/VAT



In any event, any deposited funds for a project shall not be subject to refund
after delivery if the initial design concepts are approved, or a change is
requested unless Assured Design cancels or terminates your Contract for a
reason other than your breach or non-performance.



Assured Design will give your money back, in case you make a request when the
initial concepts for a logo are offered. However, once you approve or request
changes in the initial designs, the refund offer becomes void and refund
request will not be entertained. For multiple / combo packages, refund will be
applicable the same as it is on the single packages. For example, if you order
logo and web design service and approve the logo, you can claim refund for the
website service at the time of initial design only. All refunds are subject to
a minimum Administration Fee. A refund request will need to have a valid reason
which must be qualified against the design brief and customer feedback for
revisions. Unless a concept has not been designed according to the brief, a
refund will not be given however further revisions will be provided until
complete satisfaction. Money back guarantee is based on that the order is
placed in good faith. Where a customer has placed design orders with more than
one design agency for the same job with the intention to claim refund, we do
not consider it a good faith. In such a case we reserve the right to decline a
refund request. Almost all design jobs require customer feedback before
finalizing the design therefore it is only fair that the customer gets involved
and provides feedback in order to get the desired results. 100% unique design guarantee
entitles you to a re-draw if our designed logo is to be found considerably
similar to another logo design that may already exist. Any resemblance to an
existing design will be merely a coincidence and Assured Design will not accept
any responsibility or claim of any compensation in such a case. It is the
client's responsibility to get their artwork copyrighted. Please read the
page 
https://www.assureddesign.co.uk/money-back-guarantee/ for more
information.



An order can be cancelled 24 hours prior to the delivery date at no cost. If
you cancel your order within 24 hours of the delivery date, a charge of £24.99
will apply. Cancellations are accepted on the prescribed form which can be access
from
https://www.assureddesign.co.uk/assured-design-order-cancellation-form/





Cancellation of orders with 16 hours and 24 hours delivery service is subject
to a minimum Administration Fee of £120.00. Where order value is less than
£120.00, the order value will be deemed as the Administration Fee.



An account will be considered closed, if a customer does not reply us within 60
days of our communication. To reactivate an account an admin fee of £45 will be
applicable.



Payments are processed by Barclaycard or PayPal merchant services. Assured Design
do not hold customer card details on their systems in order to provide maximum
security and to remain compliant. Where recurring billing is required, card
details are stored with PayPal for future payments. We also accept payments via
personal/company cheque and bank transfers.



All prices advertised on this website are excluding VAT.



Where a refund is
claimed for a company formation package, we will deduct all fees paid to the company’s
house or to a third-party supplier such as domain registrar, patent registrar
and copyright protection registrar plus a £99 admin fee.





4. Ownership; Rights to Use



(a) Web Site and Service Generally. Except as expressly contemplated under
these Terms and Conditions, as between Assured Design and you, Assured Design will
own all right, title and interest in and to all copyright, trademark, service
mark, patent, trade secret or other intellectual property and proprietary
rights in and to the Web Site and Service, in all media now known or later wished,
to the fullest extent provided under international law. You shall not remove,
conceal or alter any copyright notice, byline information, disclaimer,
restriction or other notice on the Web Site or any portion thereof. You shall
not use or permit any third party to use the name, trademarks, trade names, or
trade dress of Assured Design, including "Assured Design ", without
the prior written consent of Assured Design, as determined in its sole
discretion, for each such use.



(b) Creative and Response Briefs. Upon submission of a Creative or Response
Brief or any other information or media provided by you in connection with your
use of the Service (collectively, the "Client Information"), Assured Design
and its agents shall have all rights and licenses necessary to use such Client
Information for the purpose of obtaining Responses and for archival purposes.
Each Member to whom your project is made available has the right to review and
display the relevant Term Sheet for purposes of preparing a Response.



(c) Rights of Assured Design. Upon your submission of Client Information to the
Service, you grant Assured Design  and
its agents (including Assured Design Ltd) a royalty-free, perpetual,
irrevocable, sublicense able, exclusive, worldwide right (including any moral
rights) and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, communicate to the public, perform
and display (in whole or in part), and/or incorporate in other works, in any
form, media, or technology now known or later developed, such Client
Information, for the full term of any intellectual property rights that may
exist in such Client Information to the extent necessary to provide you with
the Service and Responses.



(d) Rights of Clients. Subject to your compliance with these Terms and
Conditions, you shall own the final the Response composition provided to you by
Assured Design (the "Final Product"). You shall not, however, own any
materials, media or other content generated during any revision cycles leading
up to the Final Product, and Assured Design expressly reserves all right, title
and interest in and to the same. You acknowledge and hereby grant to Assured
Design a royalty-free, irrevocable exclusive worldwide right to use Creative
and Revision Briefs, individual Responses provided to you, and Final Product
for internal and archival purposes, and in order to display and promote the Assured
Design service. Assured Design retains the rights to all artwork concepts and
other content not selected by you. You acknowledge that your ownership rights
under these Terms and Conditions are limited to the Final Product, and that no
trademarks or service marks in or to any Final Product are being conveyed under
these Terms and Conditions. You hereby acknowledge that Assured Design shall
have no obligation or duty to perform trademark, service mark or copyright
searches or inquiries, or the like, in order to validate the propriety or
legality of the Final Product. Accordingly, you are encouraged to perform your
own independent searches with regard to the Final Product. Furthermore, you
acknowledge that Assured Design shall have no responsibility or obligation of
any kind to assist you in seeking state or federal intellectual property
protection (i.e., without limitation, trademark or copyright registration) for
the Final Product, nor shall Assured Design be responsible for otherwise
assisting you in any way in your attempt to perfect your rights in or to the
Final Product.



5. Nondisclosure and Privacy



1- Assured Design intends to use commercially reasonable efforts to follow its
privacy policy, as such privacy policy may be changed from time to time at Assured
Design ' sole discretion. Notwithstanding the foregoing, Assured Design  cannot and does not assume any responsibility
or liability for any information submitted to the Web Site or for the use or
misuse of any information submitted by you or any other person, including,
without limitation, any information accessed by a hacker or by any other
malicious act.



2- Assured Design  works with thousands
of entrepreneurs therefore it assumes moral and legal responsibility to keep
their business ideas private and information disclosed by the Customer is only
used for the project in question. We do no disclose business information to
anyone other than the employees of Assured Design or those who need this
information in order to meet our delivery commitments. By becoming a customer
of Assured Design , you give your consent for disclosing your brief to
employees who work on your project and its related services.



3- Where you request a bank account through The Business Bank Account Referral
Service you confirm that you agree to your details being submitted on your behalf
to Barclays Bank plc and to being contacted directly by Barclays Bank plc for
the purposes of fulfilling the bank account request.



4- Where you request a bank account through The Business Bank Account Referral
Service on behalf of a third party for whom you are making a company formation
application, you confirm that the third party has agreed to their details being
submitted on their behalf to Barclays Bank plc and to being contacted directly
by Barclays Bank plc for the purposes of fulfilling the bank account request.



5 - The Business Bank Accounts are opened by and provided by Barclays Bank plc
and subject to the terms and conditions as set forth by Barclays at the time of
account opening.



6- Price for the Company Formation Only package is subsidised for customers
wishing to open a business bank account with Barclays. Barclays will reimburse
companies house fee and you will also receive a voucher for a Logo Design
Package. This offer is restricted to one formation per customer and UK
addresses only where opted in. We may charge 20% VAF (Valued Added Fee) on this
package.



6. Disclaimers; Indemnification; Limitations of Liability



(a) Responsibility for Content. Assured Design shall not be responsible for any
use that is or is not made of the Web Site or the Service. Without limiting the
foregoing, Assured Design  makes no
representations, warranties or covenants regarding, and does not guarantee, the
truthfulness, accuracy, or reliability of any information or other material
(including, without limitation, any Creative Brief, Term Sheets, Responses or
User Identity) that are communicated through, or posted to, the Service,
whether by Members, Clients, Assured Design  or otherwise, nor does Assured Design  endorse any opinions expressed by any user of
the Web Site, including any Member or Client. Without limiting the foregoing, Assured
Design makes no representations, warranties or covenants regarding the validity
of the rights to Responses granted pursuant to these Terms and Conditions. You
acknowledge that any reliance on information or other material, including,
without limitation, any information related to a particular Package or your
project, Term Sheet, Response or User Identity, communicated through the
Service, or posted to the Web Site, will be at your own risk. Without limiting
the foregoing, you agree and acknowledge that you use each Response at your own
risk and that you are responsible for taking any actions you deem reasonable to
determine whether your use of a Response will infringe any statutory or
third-party intellectual property, privacy or publicity rights.



(b) Links to Third-Party Services. The Web Site may contain links to
third-party web sites or other services (the "Linked Content"). The
Linked Content is not under the control of Assured Design and Assured Design is
not responsible for the Linked Content, including, without limitation, links
contained in the Linked Content, or any changes or updates to Linked Content. Assured
Design is providing Linked Content to you only as a convenience, and the
inclusion of such Linked Content is not an endorsement by Assured Design of
such Linked Content. If you decide to access any Linked Content, you do so at
your own risk.



(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED
"AS IS." ASSURED DESIGN MAKES NO REPRESENTATION OR WARRANTY OF ANY
KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE,
INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT
MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY
TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. ASSURED DESIGN DISCLAIMS,
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, ASSURED DESIGN  DISCLAIMS, TO
THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST
INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;
(iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE
WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR
DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE,
NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ASSURED DESIGN  OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO
WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR
REQUIREMENTS OF ANY OTHER PERSON.



(d) Release from Claims. The Service serves solely as a venue for the creation
of work and Assured Design does not regularly screen or censor any information
or material posted to the Web Site. Although Assured Design makes commercially
reasonable efforts to determine the identity of Clients, Assured Design cannot
and does not confirm that any Client or other user is who they claim to be or
that any Client or other user has the qualifications he or she claims to have.
Because Assured Design  does not and cannot
be involved in user-to-user dealings or control the behaviour of participants
on the Web Site, if you have a dispute with one or more users, you hereby
release Assured Design  (and our
affiliates, agents and employees) from claims, demands and damages (actual and
consequential, direct and indirect) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes.



(e) Indemnification. You hereby agree to defend, indemnify and hold harmless Assured
Design and its subsidiaries, affiliates, officers, agents, co-branders or other
partners and employees from any action, claim, demand, or liability arising
from or relating to your violation of any of these Terms and Conditions or use
of the Web Site, and any expenses incurred in connection therewith, including,
without limitation, reasonable attorneys' fees.



(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE
LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO
THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY
OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS
INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE
INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF
ASSURED DESIGN  OR ANY THIRD PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. ASSURED DESIGN TOTAL
LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO ASSURED
DESIGN FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS. THIS AGREEMENT AND
ALL MATTERS ARISING FROM IT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF UNITED KINGDOM.

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